Increasing CFIUS Scrutiny: Assessing the 2022 Annual Report on US Foreign Investment Reviews

In July 2023, the Committee on Foreign Investment in the United States (CFIUS), released its Annual Report to Congress, covering the activities of calendar year 2022. Whilst the report’s data is slightly outdated now that we are eight months into 2023, it does provide significant information on how the Committee functioned and the trends that defined its operations in the preceding year.

According to The Long and Winding Road: Key Points from the CFIUS Annual Report, a notable conclusion is that the Committee has become increasingly active and rigorous in its reviews of foreign investments into the US. The report suggests that many transaction parties were encountered with an environment marked by profound scrutiny by the Committee in the calendar year.

The CFIUS, a government body, is assigned with a critical task of reviewing transactions that could result in control of a US business by a foreign individual or company. It plays a pivotal role in terms of protecting US national security while facilitating foreign investment.

The report’s insights paint a demanding landscape for those involved in cross-border transactions with the United States. Given that we are well into 2023, it remains to be seen how the activity of the Committee will evolve in the current year and beyond.

The report’s findings, perceptions, and trends will serve as a vital starting point for corporations, legal professionals, and lawmakers to comprehend and navigate the regulatory environment of foreign investments in the US. All interested parties are encouraged to thoroughly review the report for valuable insights into the operation of CFIUS.